Part 9 Information
Restrictions on disclosure
238 Information
(1)
Information is specified information if it comes to a public authority in connection with the exercise of any function it has under or by virtue of—
(a)
Part 1, 3, 4, 6 F1or 7;
(b)
an enactment specified in Schedule 14;
(c)
such subordinate legislation as the Secretary of State may by order specify for the purposes of this subsection.
(2)
It is immaterial whether information comes to a public authority before or after the passing of this Act.
(3)
Public authority (except in the expression “overseas public authority”) must be construed in accordance with section 6 of the Human Rights Act 1998 (c. 42).
(4)
In subsection (1) the reference to an enactment includes a reference to an enactment contained in—
(a)
an Act of the Scottish Parliament;
(b)
Northern Ireland legislation;
(c)
subordinate legislation.
(5)
The Secretary of State may by order amend Schedule 14.
(6)
The power to make an order under subsection (5) includes power to add, vary or remove a reference to any provision of—
(a)
an Act of the Scottish Parliament;
(b)
Northern Ireland legislation.
(7)
An order under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(8)
This section applies for the purposes of this Part.